, 1887-12-23
ANOTHER ACQUITTAL.
Wilkes and Cayanaugh Declared
Innocent BY a Jury.
They Claim to Have Purchased the
Stolen Horse From Elan.
Sworn Statements Contradictory
to Detective Evidence.

Wilkes and C~avanaugh, alleged horse
thieves, charged with the theft of a spec
flied horse from Silas Doty early last year,
were acquitted in the district court yester-
day
The defendants were apprehendcd in
Utah last October by Stock Detectives
Pasche and Elan and a sheriff of that
territory. Both are young men, bear the
appearance of range workers, have been
employed as cowboys in Wyoming and
have a number of acquaintance In Lara
annie, Albany and Carbon counties.
The evidence for the prosecution was
quite conclusive. The ownership of the
animal in question was established by the
testimony of Mr.. Doty himself and by
others familiar with the brand. The de-
PENDANTS were seen in possession OF the
horse by various parties and acted sus-
piciously. The principal witnesses for
territory were the stock detectives.
They swore to the facts briefly outlined
above and much more. Elan told of
their stay at his ranch, the expressed de-
sire of the pair to become horse thieves,
and his advice to Cricket" or Cava-
naugh to forsake his pet project of adopt
ing the life of a ''rustler' or free lance.
He said that one of them constantly
pleaded that Elan provide him with a
six-shooter from his armory, He finally
gave the fellow a weapon, and was in
turn presented with a valuable saddle.
Not to be outdone in generosity he gave
his guest another saddle. Wilkes and
Cavanaugh departed after nightfall. car
rying with them a lunch which they had
requested Mrs. Elan to prepare. While
making his ranch their headquarters the
pair worked several days on a house which
a ranohman was constructing in that
neighborhood.
Altogether different was the story re-
lated by defendants when placed upon
the stand. They did not claim to have
been forced or induced to commit crime,
but proclaimed themselves innocent vic
tins of the wiles of the detectives. They
had visited Elam's ranch about the time
he stated, but had availed themselves of
his hospitality for a much longer period
than specified in his statement. The mu-
tual admiration and counter presentation
alliance was a myth originating in the
fertile Imagination of Elan. The transfer
of the saddles had been a purely CONNER
cial transaction by which they became
possessors of Mr.. Doty's horse, then occu-
plying a stall in Elam's barn, he claiming
to own it. They were engaged for seven
teen days by the neighboring ranchman,
and earned in that time 1874, which sum
was applied in payment for this and other
horses purchased from Elan. In short,
the house which it Is alleged had been
stolen, and for which ~offense they were
incarcerated was purchased from the
identical parsonage who posed as princi-
pal witness. They left mis- ranch in the
morning and after being pressed accepted
a lunch which Mrs. Elan insisted that
they should accept. In settling for the
live stock purchased they had been about
$50 short. Elan assured them that they
could forward this sum upon accumulat-
ing it.
To sum up the evidence for the defense,
everything said by the prosecution was
denied. Sterry, a convict serving a term
for horse stealing, was a third witness for
the defense, and gave testimony which
materially aided the accused.
The verdict conclusively shows that the
jury believed Wilkes and Cavanaugh in
preference to the stock detectives and
other witnesses Tor the people. The de-
t~ectives had not been impeached and
were sworn TO tell the truth, but their
credibility was entirely destroyed by
the questioning of attorneys for
the defense. In this case there
was doubtlessly a preponderance of evil
dence for the defense, but the jury disre-
garded the dispositions OF the detectives
and gave credence to the statements ofthe
defense.
The officials are indignant. Several of
them last evening assured THE LEADER
that when entering upon this case they
were confident that the accused would be
convicted.